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As owner and provider of web site services operating under the name of CornerDrugstore.com and on behalf of this pharmacy please read the following terms and conditions carefully before using this site.

J M Smith Corporation is pleased to serve you under its Terms and Conditions of Use, as amended from time to time ("Agreement”). Your use of or registration at the CornerDrugstore.com web site (“Site”) evidences your consent to be bound by this agreement, which is a contract between you and J M Smith Corporation. The terms of this agreement are set out below, may be amended from time to time, and include our Privacy Policy and legal notices. If you do not intend to be bound by the terms of this agreement, do not use our site or services.


Table of Contents

Agreement to Conduct Transactions Electronically

Privacy Policy

This Site Does Not Provide Medical Advice

No Usage by Children

Use of Content

Limitation of Liability and Exclusive Remedy

No Warranties, As Is

No Incidental, Consequential or Certain Other Damages

User Submissions

Protection of Personal Health Information

Advertisements and Links to Other Sites

Indemnity

Amendments

Notices

Site Not Intended For Use Outside the U.S.

Termination

Record Retention

Jurisdiction and Governing Law

Complete Agreement

Legal Notices

Notice to Copyright Agent


Agreement to Conduct Transactions Electronically

You agree that all of your transactions with or through the Site may, at our option, be conducted electronically. You also agree that:
We may provide all agreements, disclosures and notices electronically, including any that we are otherwise required to provide in a "writing." We will provide these in screen text or deliver a copy to the email address that you provide to us during registration;
You consent to our recording of all oral conversations (including any telephone) at our option. If you do not wish to deal with us electronically, you should not enter into this Agreement.

 

Privacy Policy

Our Privacy Policy is part of and incorporated into this Agreement.

 

This Site Does Not Provide Medical Advice

The contents of the CornerDrugstore.com Site—such as text, graphics, images, information obtained from J M Smith Corporation's licensors, and other material ("Content") contained on the CornerDrugstore.com Site—are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice, or delay in seeking it, because of something you have read on the CornerDrugstore.com Site.

If you think you may have a medical emergency, call your doctor or 911 immediately. J M Smith Corporation does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the site. Reliance on any information provided by J M Smith Corporation, J M Smith Corporation employees, others appearing on the Site at the invitation of CornerDrugstore.com, or other visitors to the Site is solely at your own risk.

The Site may contain health or medical-related materials that you find sexually explicit or otherwise offensive. J M Smith Corporation, its licensors, and its suppliers have no control over, and accept no responsibility for, such materials. You are solely responsible for compliance with the laws applicable to your country of residence.

 

No Usage by Children

This Site is not intended for use by children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

 

Use of Content

Our Site is protected by intellectual property laws and you agree to respect them; any rights not expressly granted herein are reserved.  See our Legal Notices for more information about our trademarks and copyrights. All rights not expressly granted to you are reserved. As for intellectual property rights of others, anyone who believes that their work has been reproduced in a way that constitutes copyright infringement, may provide a Notice to our Copyright Agent.

J M Smith Corporation authorizes you to view or download a copy of the material on the CornerDrugstore.com Site solely for your personal, noncommercial use. You must include the following copyright notice: "Copyright 2002, J M Smith Corporation All rights reserved" and other copyright and proprietary rights and notices which are contained within the Content. Special rules for the use of content on the CornerDrugstore.com Site, supplied by outside providers, may be included elsewhere within the Site. These rules are incorporated into these Terms and Conditions by reference.

Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination, at the editorial discretion of J M Smith Corporation, without notice. All rights not expressly granted herein are reserved to J M Smith Corporation and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

 

Limitation of Liability and Exclusive Remedy

The use of the CornerDrugstore.com Site and the Content is at your own risk.

When using the CornerDrugstore.com Site, information will be transmitted over the Internet, which is beyond the control of J M Smith Corporation or its licensors. Accordingly, J M Smith Corporation assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the CornerDrugstore.com Site.

You agree that your sole remedy for any breach of this Agreement by us or any of our affiliates or agents shall be, at our option, (1) substitution or replacement of all or part of any order or any aspect of the Site that gives rise to damages incurred by you in reasonable reliance on us; or (2) refund of the amount that you paid for any order by you in an amount that does not exceed the damages incurred by you in reasonable reliance on us. You agree that the damage exclusions in the Agreement and this limitation of liability shall apply even if any remedy fails of its essential purpose.

Any claims arising in connection with your use of the Site, or any Content, must be brought within one (1) year of the date of the event giving rise to such action occurred.

 

No Warranties, As Is

You agree that the CornerDrugstore.com Site and the Content are provided on an "as is" and “with all faults” basis and the entire risk as to the quality, accuracy and performance of the Site is with you. We do not make any express warranties. J M Smith Corporation, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties and duties of any kind, either implied or statutory, including but not limited to the implied warranties of merchantability, or fitness for particular purpose and duties of workmanlike effort or lack of negligence. Without limitation, we and our affiliates and agents do not make any warranties or undertake any duties regarding the following:

1. The availability of the Site at any particular time.
2. The accuracy, reliability, completeness, currency, or timeliness of the Content, text, graphics, links, or communications provided on or through the use of the CornerDrugstore.com Site or J M Smith Corporation
3. The functionality of the Site or the accuracy of the order processing.
4. Lack of viruses.
5. The satisfaction of government regulations requiring disclosure of information on prescription drug products with regard to the content contained on the CornerDrugstore.com Site.

Also, there is no warranty of title or against interference with your enjoyment of any experience or of the site, or against infringement.

No Incidental, Consequential or Certain Other Damages

To the full extent allowed by law, you agree that in no event shall J M Smith Corporation, its licensors, its suppliers, or any third parties mentioned on the CornerDrugstore.com site be liable to you and/or any other person for any consequential or incidental damages (including, without limitation, lost profits, or damages resulting from lost data or business interruption or for failure to meet any duty including but not limited to any duty of good faith, lack of negligence or of workmanlike effort) or any other indirect, special, or punitive damages whatsoever that arise out of or are related to the site, any experience or other service or to any breach to this agreement, even if we have been advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict or product liability.

 

User Submissions

You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Site, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant—or warrant that the owner of such content has expressly granted— J M Smith Corporation a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. J M Smith Corporation may sublicense its rights through multiple tiers of sublicenses.

 

Protection of Personal Health Information

My Account and Profiles allows you to record limited amounts of personal health information, on a voluntary basis, on servers maintained by J M Smith Corporation or on its behalf. My Account is structured to allow access only to Account holders with a valid username and password. Whenever you submit or modify information in My Account, we will send such information over the Internet using encryption technology, Secure Socket Layer (SSL) software. As an additional security precaution, the information you submit to My Account will be stored on a separate server. However, we do not warrant or represent that the information you submit to My Account will be protected against loss, misuse, or alteration by third parties.

You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your password to My Account. It is your sole responsibility to (1) control the dissemination and use of passwords; (2) authorize, monitor, and control access to and use of My Account and your password; (3) promptly inform J M Smith Corporation of any need to deactivate a password. You grant J M Smith Corporation and all other persons or entities involved in the operation of the Site and My Account and Profiles the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of My Account and Profiles. J M Smith Corporation cannot and does not assume any responsibility or liability for any information you submit to My Account.

 

Advertisements and Links to Other Sites

J M Smith Corporation does not endorse the content on any third-party web sites. J M Smith Corporation is not responsible for the content of linked third-party sites, sites framed within the CornerDrugstore.com Site, or third-party advertisements, and does not make any representations regarding their content or accuracy. You agree that your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such sites. J M Smith Corporation does not endorse any product advertised on the CornerDrugstore.com Site.

 

Indemnity

You agree to defend, indemnify, and hold J M Smith Corporation, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

 

Amendments

You agree that we may from time to time amend or add to the terms and conditions of this Agreement (“Amendments”). Except as to orders accepted before the effective date of an Amendment, any use of our Site after an Amendment shall be your consent to the amended terms. If you do not want to be bound by an Amendment, you will need to terminate your registration and refrain from using the Site after that date. No changes proposed by you or us will be effective unless and until they appear in this Agreement or in the Amendments as posted by us in the Legal Notices section of our Site. No other Amendments will be valid unless they are in a paper writing signed by us and by you.

 

Notices

Except as expressly stated otherwise, any notices required or allowed under this Agreement shall be given to us by postal mail to:  201 West Saint John Street, P.O. Box 6052, Spartanburg, SC 29306

If applicable law requires that we accept email notices (but not otherwise), then you may send us email notice at feedback@cornerdrugstore.com.  With respect to our notices to you, we may provide notice of Amendments by posting them in the Legal Notices section and you agree to check for changes. Instead or in addition, we may give notice by sending email to the email address you provide during registration. Notice shall be deemed given 24 hours after it is posted or an email is sent, unless (as to email) the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided during registration. In such case, notice shall be deemed given 3 days after the date of mailing.

 

Site Not Intended for Use Outside the U.S.

J M Smith Corporation is based in Spartanburg, SC in the United States of America. J M Smith Corporation makes no claims that the Content is appropriate, or may be downloaded, outside of the United States, and the Site is not intended for use by persons outside the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the CornerDrugstore.com Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

 

Termination

Either we or you may terminate or cancel this Agreement with or without cause or notice at any time. Notwithstanding termination (or cancellation), you will still be liable for payment of any amounts due or other obligations incurred before termination or cancellation, whether the Agreement is ended by you or by us. We may also suspend your registration, block your use of the Site or direct you to cease using it, if we believe in good faith that you or a related person has breached or may breach this Agreement.

The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: No Warranties, As Is; No Incidental, Consequential or Other Damages; Limited Liability and Exclusive Remedy; User Submissions; Indemnity; Jurisdiction and Governing Law; and Complete Agreement.

 

Record Retention

You agree to print (or copy) and retain agreements or disclosures that we are required to deliver to you in writing. To the extent required by law, we instruct you to retain a copy in your legal records. You may make a paper copy by pressing the “print” button on your browser; you may make an electronic copy by selecting the “save file” option in your browser. If you cannot do either, you may email us at feedback@cornerdrugstore.com or write us at 201 West Saint John Street, P.O. Box 6052, Spartanburg, SC 29306 and we will send a copy. As a customer service, we may attempt to locate data for you if we still have it when you ask for it, but we do not assume any duty to retain or produce data and we reserve the right to charge a retrieval fee. We grant you a revocable, limited license to print copies of registration information, orders, and this Agreement for the purpose of documenting your transactions.

 

Jurisdiction and Governing Law

You expressly agree that exclusive jurisdiction for any dispute with J M Smith Corporation, or in any way relating to your use of the CornerDrugstore.com Site, resides in the courts of the State of South Carolina. You further agree, and expressly consent to, the exercise of personal jurisdiction in the courts of the State of South Carolina in connection with any such dispute, including any claim involving J M Smith Corporation or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

Complete Agreement

Except as expressly provided in a particular "legal notice" on the CornerDrugstore.com Site, these Terms and Conditions constitute the entire agreement between you and J M Smith Corporation with respect to the use of the CornerDrugstore.com Site, and Content. Your use of the CornerDrugstore.com Site is also subject to the J M Smith Corporation Privacy Policy.

Thank you for reviewing these Terms and Conditions. Any questions or comments regarding this web site should be directed to support@CornerDrugstore.com or via U.S. mail to J M Smith Corporation at 201 West Saint John Street, P.O. Box 6052, Spartanburg, SC 29306.

2002 J M Smith Corporation All Rights Reserved.

 

Legal Notices

Copyright and Trademark Notices. All contents of www.cornerdrugstore.com (“Site”) are: Copyright ©J M Smith Corporation and/or its suppliers, 201 West Saint John Street, P.O. Box 6052, Spartanburg, SC 29306 U.S.A. All rights reserved. CornerDrugstore.com and/or other CornerDrugstore.com products referenced herein are either trademarks or registered trademarks of J M Smith Corporation. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

 

Notice to Copyright Agent

J M Smith Corporation respects the intellectual property rights of others and requests that you do the same.  Anyone who believes that their work has been reproduced in the Site in a way which constitutes copyright infringement may provide a notice to the designated Copyright Agent for the Site containing the following:

An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit J M Smith Corporation to locate the material;
The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A representation that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
How you can correct any inaccuracies in your information.

Copyright infringement claims and notices (but not other notices) should be sent to the attention of Randy Burnett, in the following manner:

By mail: 201 West Saint John Street, P.O. Box 6052, Spartanburg, SC 29306
By phone: 864.253-8600
By fax: 864.253-8690
By email: rburnett@qs1.com
This site is not for use by children under the age of 13. Our site is intended to inform. The information we provide should never replace the advice of your physician or other medical professional. If you have a medical problem, or suspect that you may have one, contact your health care provider right away. Do not use the information on this site to diagnose or treat a health problem or disease, or to prescribe any medication. Carefully read all product packaging. Information and statements about dietary supplements have not been evaluated by the Food and Drug Administration, and are not meant to diagnose treat, cure, or prevent any disease.

© 2005 - 06 All rights reserved.
J M Smith Corporation.
Version 2.2.0